229 So. 3d 398
Fla. Dist. Ct. App.2017Background
- Plaintiff Rachel Vancelette tripped on an unmarked curb at the far side of a sidewalk access ramp and sued multiple parties involved in a renovation project.
- The ramp and curb were part of a Florida DOT-authorized renovation; DOT approved plans in 2009 and accepted the completed work in August 2010.
- Work was performed by subcontractors under the contractor; engineers prepared plans and inspected the work.
- The alleged defect was undisputedly patent (open and observable), and DOT acceptance occurred 14 months before the injury (December 2011).
- Vancelette moved for a continuance of summary-judgment hearings shortly before the scheduled hearing; the trial court denied the continuance and later entered summary judgments for seven defendants.
- Vancelette appealed the denial of the continuance and the application of the Slavin doctrine to bar liability for patent defects after owner acceptance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying Vancelette's late motion to continue the summary-judgment hearing | Vancelette argued she needed additional discovery and the continuance should have been granted | Defendants argued Vancelette was not diligent, had earlier notified she was ready for trial, and the case had been pending for years | Denial affirmed — no abuse of discretion; plaintiff failed to show diligence, good faith, and materiality of additional discovery |
| Whether the Slavin doctrine bars defendants' liability for patent defects after owner acceptance of work | Vancelette relied on an engineers’ punch-list email identifying a possible tripping hazard and argued defendants remained liable | Defendants argued DOT’s acceptance of the work before the injury relieves them of liability for patent defects under Slavin | Held for defendants — Slavin applies; owner acceptance of completed work absolves defendants of liability for patent defects |
Key Cases Cited
- Slavin v. Kay, 108 So. 2d 462 (Fla. 1958) (owner acceptance of completed work bars liability for patent defects)
- Gustinger v. H.J.R., Inc., 573 So. 2d 1033 (Fla. 3d DCA 1991) (applies Slavin to defects noted before owner acceptance)
- Foster v. Chung, 743 So. 2d 144 (Fla. 4th DCA 1999) (acceptance cuts off liability for patent defects)
- Smith v. Smith, 734 So. 2d 1142 (Fla. 5th DCA 1999) (non-moving party cannot frustrate scheduled summary-judgment hearings by initiating last-minute discovery)